Second Marriage Under Muslim Law May Be Considered as Cruelty Against First Wife Even While Its Legal

The Kalaburagi bench of the Karnataka High Court comprising Justice Krishna S Dixit and Justice P. Krishna Bhat while hearing an appeal held that even though it is legal to contract a second marriage by a Muslim husband, it often causes “enormous cruelty” to the first wife, hence justifying her claim for divorce.

The court while deciding an appeal against an order of dissolution of first marriage on grounds of cruelty given by the Family Court, observed that cruelty is subjective and variable concept. The appeal was filed by a muslim Husband whose first marriage was dissolved on the grounds of cruelty against his first wife.

The High Court upheld the Family Court’s order and observed that “the institution of marriage is founded inter alia on the mutual support and security of spouses. In the instant case the wife was tormented by her in-laws, and there was nothing on record to indicate that the husband tried to prevent the same”. Hence, the court’s order of dissolution of marriage was valid.

*Case Title: Yusufpatel v. Ramjanbi*

*Case No.: MFA No. 201154/2018*

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